THE CURRENT IMPORTANCE OF PLEADINGS 24: COURT OF APPEAL CONSIDERS WHEN A TRIAL JUDGE CAN GO OUTSIDE THE PLEADED CASE: THERE IS A SPECTRUM

In this judgment today the Court of Appeal consider, in detail, whether it is appropriate for a judge to go outside the pleaded case. The judgment provides guidance for the practice to be adopted if the judge feels that they may have to make findings outside the pleadings.  It also considers whether...